Commonwealth Consolidated Acts

AGED CARE ACT 1997 - SECT 54.5

  (1)   If a person makes a disclosure that qualifies for protection under section   54 - 4:

  (a)   the person is not subject to any civil or criminal liability for making the disclosure; and

  (b)   no contractual or other remedy may be enforced, and no contractual or other right may be exercised, against the person on the basis of the disclosure.

Note:   The person is still subject to any civil or criminal liability for conduct of the person that may be revealed by the disclosure.

  (2)   Without limiting subsection   (1):

  (a)   the person has qualified privilege (see subsection   (3)) in respect of the disclosure; and

  (b)   a contract to which the person is a party may not be terminated on the basis that the disclosure constitutes a breach of the contract.

  (3)   For the purpose of paragraph   (2)(a), qualified privilege , in respect of the disclosure, means that the person:

  (a)   has qualified privilege in proceedings for defamation; and

  (b)   is not, in the absence of malice on the person's part, liable to an action for defamation at the suit of a person;

in respect of the disclosure.

  (4)   For the purpose of paragraph   (3)(b), malice includes ill will to the person concerned or any other improper motive.

  (5)   This section does not limit or affect any right, privilege or immunity that a person has, apart from this section, as a defendant in proceedings, or an action, for defamation.

  (6)   Without limiting paragraphs   (1)(b) and (2)(b), if a court is satisfied that:

  (a)   a person (the employee ) is employed in a particular position under a contract of employment with another person (the employer ); and

  (b)   the employee makes a disclosure that qualifies for protection under section   54 - 4; and

  (c)   the employer purports to terminate the contract of employment on the basis of the disclosure;

the court may:

  (d)   order that the employee be reinstated in that position or a position at a comparable level; or

  (e)   order the employer to pay the employee an amount instead of reinstating the employee, if the court considers it appropriate to make the order.